Saints lawyer fires back at union's warning to agents

May 16, 2014
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The NFL Players Association is warning agents about the potential consequences of having their players sign with the New Orleans Saints in light of an ongoing workers compensation fight in Louisiana. / Derick E. Hingle, USA TODAY Sports

by Tom Pelissero, USA TODAY Sports

by Tom Pelissero, USA TODAY Sports

A lawyer representing the New Orleans Saints on workers compensation issues fired back at the NFL Players Association on Friday, hours after the union's executive director asked agents to advise their players of the potential consequences of signing with the team.

"While the NFLPA has inappropriately and unprofessionally discouraged free agents from coming to Louisiana, they fail to mention that they have aggressively instigated legislative efforts in Louisiana since 2010 in an effort to undo the prevailing case law," Chris Kane, an attorney at the firm Adams and Reese LLP who has been retained by the Saints, wrote in an email to USA TODAY Sports.

At issue is a bill, HB1069, by Rep. Chris Broadwater that would calculate workers comp benefits for injured athletes based on earnings at the time of the injury, rather than future earnings. It passed the Louisiana House this week and could come up in Senate committee next week, leading to Saints quarterback Drew Brees and others on the union side ramping up efforts to squash it.

In an email to agents Friday morning, obtained by USA TODAY Sports, NFLPA executive director DeMaurice Smith wrote that the bill would "substantially reduce workers' compensation benefits for players injured at any time other than during the 17 weeks of the regular season. In other words the bill, if passed, seeks to provide a lower benefit for a player injured in OTA's, mini-camps, training camp or even post-season."

NFL players' base salaries are paid out in 17 installments during the regular season. The collective-bargaining agreement also affords weekly stipends during various stages of the offseason program. Workers' compensation claims generally are pursued in the state where the team is based, and Smith cited the union's past efforts to block "special" legislation in California, Arizona, North Carolina.

"Please advise your players of the potential consequences of the Saints' efforts should they sign with the Saints," Smith's letter concluded.

Kane countered that Louisiana "avails professional athletes with one of the more competitive and employee friendly workers' compensation wage benefit systems," citing systems in Florida, Georgia, Ohio, Tennessee and Texas that provide benefits for non-permanently injured athletes shorter than Louisiana's 10-year period.

"Importantly, this law is not new, and in fact first arose from a professional athlete claim filed in April 2000," Kane wrote, citing five appeals court rulings since 2006 that have held average weekly wages for pro athletes should be calculated based on wages at the time of the injury only.

He emphasized that HB1069 "in no way reduces any eligible workers' compensation benefits to any potential free agent or current professional athlete in Louisiana" and is a response to the union's repeated efforts to propose an exception for professional athletes.

"After defeating the NFLPA's legislative effort, the Saints did not previously move their bills in 2010 and 2012," Kane wrote in the email. "In 2014, after two more consistent cases came from the appellate courts, the NFLPA unsuccessfully tried to change the law yet again. Consequently, HB1069 is now being sought for passage to stop the needless litigation and annual lobbying efforts of the NFLPA to circumvent the established case law."

The union has spent substantial time and resources recently on the matter. Kevin Mawae, who grew up in Louisiana and is the former NFLPA president, is among those involved. Brees sent a tweet Tuesday on the matter that read: "Don't get involved in politics often but Fighting 4 my teammates & LA workers. Say NO to Bill 1069."

Smith's letter comes at the same time the NFLPA is preparing for an arbitration hearing on a grievance filed against the Saints on behalf of Jimmy Graham, challenging his designation as a tight end on the franchise tag.

With several other outstanding issues to be resolved between the league and union â?? including a comprehensive drug policy and expanded playoffs, which NFL owners could approve at meetings next week â?? the workers' comp case is one more potential leverage chip.

NFL spokesman Greg Aiello deferred comments to the Saints.

Here's the complete text of Smith's letter to agents:

"As you know, our players are generally forced to seek workers' compensation benefits for injury care and loss of wages in the state where they are employed. Accordingly, we have always aggressively fought any effort by the NFL or its teams to seek 'special' legislation which would bar or reduce workers' compensation benefits for professional athletes. Recently, we have opposed such efforts by the NFL and its teams in California, Arizona, North Carolina and now Louisiana. For example, in 2009/2010 we successfully fought an effort by the New Orleans Saints and the NFL to effectively reduce workers' compensation benefits for our players. Last week, the Saints organization again sponsored legislation that would substantially reduce workers' compensation benefits for players injured at any time other than during the 17 weeks of the regular season. In other words the bill, if passed, seeks to provide a lower benefit for a player injured in OTA's, mini-camps, training camp or even post-season. We are actively involved in the effort to defeat this bill but we feel it is important for you to consider the Saints' efforts given your representation of our players and the advice you would have to give to any free agent player considering an opportunity to play for the Saints.

"Please advise your players of the potential consequences of the Saints' efforts should they sign with the Saints."